McGrath v. Bassett, 964 N.E.2d 485

McGrath, pro se, filed fraud and related claims in Nov 2009 in Ashtabula County; later transferred to Cuyahoga County CC and Bassett filed an answer after leave to file was granted; McGrath repeatedly sought default judgments and admissions deemed admitted; court denied those motions and Bassett’s responsive pleading remained; McGrath failed to appear at final pretrial and later telephonic conferences; the court dismissed the case with prejudice for nonappearance; judgment affirmed on appeal; issue framing centers on default, admissions, and dismissal for nonappearance.
Note: The record shows multiple procedural steps across courts, with service irregularities, court-ordered directions, and McGrath’s incarceration affecting appearance and activities during proceedings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the court abused its discretion by denying default judgment	McGrath prevented default due to Bassett’s late filing	Bassett sought leave and defended merits with an answer	No abuse; court allowed Bassett to answer and proceeded on merits
Whether the court abused its discretion by denying admissions as admitted	McGrath served admissions properly and should be deemed admitted	Service was problematic and amended notices filed late	No abuse; admission service defects and timing negated deeming admissions admitted
Whether the court abused its discretion by denying summary judgment	Admissions would entitle McGrath to judgment	Record did not establish contract or breaches as a matter of law	No abuse; material issues existed and summary judgment improper
Whether the court abused its discretion by denying judgment on the pleadings	Complaint and attached materials establish contract breaches	Pleadings alone insufficient to prove contract	No abuse; contract existence not established on pleadings alone
Whether the court abused its discretion by denying conveyance and dismissing for nonappearance	McGrath should be conveyed; due process requires presence	No absolute right to be present; court warned of dismissal for nonappearance	No abuse; court properly denied conveyance and dismissed for nonappearance

Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (abuse of discretion standard; discretionary rulings in domestic relations matters)
Mokrytzky v. Capstar Capital Corp., 2009-Ohio-238 (Ohio Ct. App. 8th Dist. 2009) (notice requirements; dismissal for failure to prosecute under Civ.R. 41(B)(1))
Lecso v. Heaton, 2010-Ohio-3880 (Ohio Ct. App. 8th Dist. 2010) (service issues on Civ.R. 36; relief for failure to comply with discovery requests)
Suki v. Blume, 9 Ohio App.3d 289 (1983) (default not entered if answer is good in form and substance despite lateness)
Evans v. Chapman, 28 Ohio St.3d 132 (1986) (default judgments; limits on default when responsive pleading exists)